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Questions tagged [contract-law]

For questions about laws related to contracts, an agreement between two or more parties.

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Would what happened in South Park (human centipede) be legal?

There's an episode of South Park where buried in the terms and agreement of iTunes, you agreed that Apple could forcibly make you into a human centipede. See: In the real world could this happen? ...
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Is it necessary to state in a contract that if one part is found unenforceable, the rest still is?

I've seen in some contracts clauses stating something like If a term or condition is found to be unenforceable, the rest of the contract still remains in affect. Is this necessary? Unless ...
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How to prove the genuinity/nongenuinity of a signature?

I'm not a law student, but I'm very interested in the topic and learning in general. I got curious about contracts and signatures recently, so I wondered if there have been cases where contracts ...
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Is my bond (employee contract) legal in India?

I live in India and I have signed a contract of one year with my employer. But now I want to leave my company. However when I sent my resignation email they told me to take legal actions on me. ...
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295 views

What if the user disagreed with the Terms of Service, but still registered on a website?

This is purely hypothetical, based on an anecdote told on a web design lecture a long time ago. Most websites nowadays require you to click on a little checkbox that usually says I agree to the Terms ...
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1answer
106 views

Why Offer Arbitration Opt-Out

As I understand it, in the United States there is no legal obligation for a company to offer its customers the opportunity to opt-out of their arbitration agreement. So why do some companies offer ...
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4answers
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GDPR - Is consent really necessary for contact form?

I am looking for an answer that is supported by the GDPR, so please try to quote GDPR parts as you answer. The internet is on fire (developers especially) now that the GDPR is on strength. There are ...
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122 views

Is a contract valid if one of the party doesn't even read it?

You might think someone must be stupid to sign a contract without even reading it. Yet I see it happen all the time, when contracts are just too long and there's no time to read stuff you suppose you ...
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Signing vs initialing a contract

When should/are initials used, in the context of a contract? How are they different from a signature of a full name? Come to think of it, is it required that a person's signature be their first and ...
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How is it realistic that a buyer would fail to communicate some feature of a product needed by the buyer, to a seller?

Source: p 14 Bottom - 15, JC Smith's The Law of Contract (2016) by Paul S. Davies.   All these propositions are illustrated by Smith v Hughes9 [this footnote states: '(1871) LR 6 QB 597.). The ...
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What type of lawyer would I need to help me deal with issues of academic misconduct?

What can stop a university from doing whatever they want and screwing students over in terms of accusing them of cheating, plagiarism, or a misunderstanding of professor authorization of essay re-...
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What does this “no waiver” clause mean?

In a resedential lease, what does this paragraph mean? No Waiver. The failure of either party to insist in any instance upon the strict keeping, observance or performance of any provision of ...
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How to interpret this paragraph from an MNDA in context with Ohio law?

The following paragraph was included in a Mutual Non-Disclosure Agreement template between two technology companies. The Parties agree that the disclosing Party will suffer irreparable injury if ...
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1answer
168 views

No written contract. Do I have to pay undisclosed early termination fee?

A credit card payment processing company agent approached my business and offered to try out their service for free for a month as a trial. However, I decided not to use it after this one month trial,...
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1answer
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Can you be bound to an unsigned contract even though services are rendered informally?

So you are working on a project to build a SaaS (Software as a Service). You prepare a technical contract and have it reviewed by intellectual property lawyers and it passes their approval. You ...
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Does there really exist such thing as “no contract” when doing business with other party?

Sales persons are sometimes advertising their service as "contract free", so that they would get a better chance to convince you to sign up for their service. I guess the reason why this works is ...
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Do scans of signed documents have the same legal power as the original document?

It is quite common for various parties online to exchange signed documents in signed form (such as contracts for remote work). Would these documents have any power in a court of law? Is it necessary ...
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Can contracts include irrevocable terms of imprisonment for breach?

As noted here: At least in Israel, by agreeing to marry under religious law a person is irrevocably subject to that law's rulings, to the extent that a religious court can sentence one to a term in ...
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Is contract valid if only one side signed it?

The company sent me the contract, I signed it and returned back to them, so now they should sign and send me the copy. In Germany, what if they decide to not sign and withdraw the process. What one ...
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4answers
713 views

How to gather Compelling Evidence to prove that business is fraudulent?

My friend's small business agreed to a one-month risk-free trial service from one Credit Card Processor company. However, she did not like the service, because it did not live up to verbal promises ...
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3answers
27k views

What happens if two clauses in a contract come into conflict?

This is a hypothetical scenario, but hopefully it is appropriate for this board. Suppose that two people enter into a contract which contains clause A and clause B. Further suppose that, in general, ...
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What does “reasonable” mean?

I have seen the phrase 'reasonable conditions' used quite often in legal texts, and I always get nervous, as I don't know how to interpret it. Imagine a Confidentiality and Assignment Agreement with ...
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Is there a “standard template” NDA contract that covers a majority of businesses requiring protection of proprietary information?

The following paragraph stood out as unusual for an NDA that a friend was asked to sign: “Terms and Termination. This Agreement shall terminate two (2) year(s) after the Effective Date. The ...
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Is airline ticket overbooking fraud?

What protects airlines (if anything) from fraud charges when they sell same ticket to multiple people for a single flight? Why might this be fraud? In most consumer transactions (the norm), if I sold ...
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3answers
310 views

If there was no written contract in the first place would a phone call be enough to terminate relationship with the other party?

My friend's small business engaged in a relationship with another company that provides credit card processing service. They did not ask my friend to sign a written contract at the time of signing up ...
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1answer
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Can I cross out parts of a contract before signing it?

Assume there is a contract that was typed on a computer then printed out, and only one party needs to sign it. Examples of such contracts are "sign here to show it's ok for us to contact your ...
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439 views

What is the point of website Terms and Conditions?

I was considering answering How prominent must terms of service be?; when I was struck by a thought: what is the point of website Terms and Conditions anyway? Clearly, if they form a contract and ...
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1answer
176 views

How strict should I be with “to the best of my knowledge”?

The Question: In many legal documents, there is a section for you to sign where you declare that the document is correct to the best of your knowledge. If something small or relatively unimportant ...
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1answer
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USA: Does a user who has falsely stated that he/she has read an EULA or similiar agreement risk liability solely for the false statement?

Many software products and Internet services require that users agree to an EULA or terms of service agreement before the product or service can be used. The user is often required to state that he/...
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1answer
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Confiscation of cellphones in public schools

School started today. I'm just reading the code of conduct about cell phone usage. It states that on first violation of the policy the device will be confiscated and held until a parent (me) comes to ...
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1answer
197 views

Are the Q&A posted on Stack Exchange websites valuable consideration?

In order to form a legally binding contract it is necessary that both parties provide valuable consideration. Is the provision by a user on this (or other Stack Exchange sites) of a question, answer ...
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1answer
878 views

My company has contract work with another company - Do I need a 1099 or other tax form?

My small business has a contract with another business to perform services as independent contractors. Here's the legal part of the contract spelling out the relationship between my company and the ...
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1answer
455 views

When is a contract legally binding?

If one party wrote an agreement down on paper and the other party signed it, does that make it legally binding? For example, something silly like if Bob wrote on a piece of scrap paper that he will ...
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331 views

Why is “as is” in quotes in the GPL?

In the GPL, why do they put quotes around the phrase here: EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY ...
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Job Contract Copyright Waiver

I am starting my first full-time job. It is a software job in the UK, I am a citizen of a different EU country. The contract I am about to sign seems very demanding about the rights to intellectual ...
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2answers
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My co-borrower wants her name removed from a 5 year mortgage contract

Me and my sister in law bought a house. We asked her help to acquire the loan. She signed the mortgage loan for a 5 year contract, and we got the house. Me and my wife paid all the expenses and down ...
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1answer
163 views

Is it legal to publish a review of a travel service without letting the service know?

Say I review things for people to read, such as on a website or blog. Is it safe to say it's legal if my intention is, say, book a flight to Phoenix with some pre-conceived intention of critiquing the ...
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4answers
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How are open source licenses valid without consideration?

I'm not a lawyer or law student in any capacity, but I've read in multiple sources that a contract is not valid unless there is consideration for both parties. With this in mind, how can licenses for ...
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2answers
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How can one prove that a contract was signed by force?

I posted another question recently relating to the same person but I didn't want to include two questions in the same post. My father is an extremely abusive person and has been physically, mentally, ...
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1answer
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Are contracts legally bound when acceptance is mailed, or only once received?

Kumaran develops novel lampshades. In January 2016, he developed a new lampshade. On 1 May 2016, he emailed Bobby and Chew, both wholesalers, to whom he had previously sold lampshades. In his email, ...
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Fine and contract-renew after NOT receiving an invoice

First things first, let's provide a little bit of background to my question: 3 Years ago I moved to Germany, where I pay my taxes. Since the first year I didn't understand very much about this topic, ...
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2answers
201 views

Should a contract state that signing means you agree to it?

Is it possible for a person to (successfully) argue that if they signed something, just because they wrote their name on the same piece of paper, it doesn't mean that they actually agreed to it? For ...
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1answer
59 views

Is there a name for the part of a contract that specifically deals with how the contract is to be interpreted?

There often is a lot of meta-data in a contract. What I mean by meta-data is parts of the contract regarding how the contract itself is applied and interpreted. For example waiver clauses no waiver ...
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2answers
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Who should witness a medical records request form?

I have almost filled out a medical records request form for a hospital, but the final lines state that I must sign and my signature must be witnessed, along with a line for the "witness" in question. ...
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1answer
345 views

When are non-indemnification type clauses needed in a contract?

In a lot of long contracts (the type people normally skim over) I often see sections about liability and indemnification. In general what are these and why are they necessary? Can someone give a ...
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178 views

When a contract is being analyzed in court, is it the understanding of the parties or the written contract that is to be established?

This is a difficult question to phrase so bare with me. From reading questions on this site, I understand that a written contract (e.g. a lease) is only a written record of the actual contract, that ...
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1answer
425 views

What is the point of having a witness sign something?

On some documents they require a witness to sign. What is the point of this? Just added security that it's less likely 2 people would lie?
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Am I at fault? Can I get my security deposit back from Landlord?

I signed a weekly rental agreement in Pennsylvania to live in someone's home. I ended up not staying and I text messaged the landlord that I left and no longer wished to stay. The landlord says he ...
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How are contract disputes resolved?

When two parties end up in a dispute about what was agreed to in a written contract, how do courts generally resolve that? How do they determine if a provision is ambiguous? What evidence is used to ...
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Are NBA players ,who sign 10 day short term contracts, classified as employees or independent contractors?

Question When in the NBA, a player with a two-way contract will accrue a day of service and make money consistent with an NBA rookie minimum... Those are the words that struck me to ask: ...